In re Burdick's Estate

Citations

• 5 Cal. Unrep. 6
• 40 P. 35
• 1895 Cal. LEXIS 1208

Syllabus

<p>Executors—Appeal from Final Settlement.—An executor, who has appealed from all of a decree made in the final settlement and distribution of the estate, except that part settling such executor’s account with the estate, cannot, on such appeal, object that the funds in his hands were found to be community property, and distributed accordingly.</p> <p>Executors—Appeal.—A Distribution of a Part of a Devised Estate to trustees, at the special request of the sole devisee, will not be declared void on appeal because the record fails to show that such trustees established a legal claim to the property.</p> <p>Executors—Distribution.—The Probate Court has Jurisdiction to declare certain property devised to testator’s son to be community property, and to distribute it to the wife, who is not a legatee or devisee.</p> <p>Community Property—Succession.—The Additional Eight Acquired in community property by either the husband or the wife upon the death of the other is acquired by inheritance.</p> <p>Executors—Who may Appeal from Final Settlement.—Persons claiming to be trustees of a devised estate, but who are neither heirs, devisees, nor legatees, and who have presented no claim against the estate, cannot appeal from a decree rendered in the final settlement of the estate.</p> <p>Executors.—An Appeal cannot be Taken from an Order of the probate court refusing to postpone the final decree.</p> <p>Community Property.—A Surviving Wife cannot be Deprived of her rights in community property by an act of the husband subjecting such property to the control of trustees for the use of others.</p>